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Federal Trade Commission v. Morton Salt Company

Supreme Court

334 U.S. 37 (1948)

Relevant factsFree

Morton Salt Company (defendant) priced table salt on a quantity-discount scale, but only five companies were large enough to actually purchase the volumes needed to reach the lowest price tier, letting those five sell salt at retail prices lower than the wholesale prices available to their smaller competitors. The FTC (plaintiff) challenged the scheme as illegal price discrimination under the Robinson-Patman Act; Morton argued the discount wasn't discriminatory because it was open to any buyer who purchased the qualifying quantity, and partly justified it by claiming large quantities were cheaper to ship, and the court of appeals agreed with Morton.

IssueFree

Whether a quantity discount can constitute unlawful price discrimination under the Robinson-Patman Act even though it is nominally available to any purchaser who buys the qualifying amount.

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